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The End Of Pay-For-Delay? FTC Sees An Opportunity In AndroGel Lawsuit

This article was originally published in RPM Report

Executive Summary

Reverse payment settlements are a popular tactic for settling patent disputes between brand companies and their generic competitors. The Federal Trade Commission has aggressively (but mostly unsuccessfully) fought “pay-for-delay” deals in the courts, arguing that they drive up drug prices. Now FTC has its best chance yet at convincing the Supreme Court to hear the issue. Is this the end of pay-for-delay?

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